What is a Limited Judgment Appointing Personal Representative?
If you are involved in a probate proceeding in Oregon, you may encounter a document called a limited judgment appointing personal representative. This is a court order that grants authority to a person to act on behalf of the estate of someone who has died. The person appointed by the court is called the personal representative (PR) and has various duties and responsibilities to manage and distribute the estate assets according to the law and the will of the deceased person, if there is one.
A limited judgment appointing PR is different from a general judgment that concludes the probate proceeding and settles all claims and issues related to the estate. A limited judgment appointing PR is usually issued at the beginning of the probate process, after someone files a petition for appointment or removal of a PR. The petition may be filed by anyone who has an interest in the estate, such as an heir, beneficiary, creditor or spouse of the deceased person.
The court may enter a limited judgment appointing PR only for certain decisions that are necessary or appropriate for administering the estate. For example, a limited judgment appointing PR may authorize the PR to sell real property owned by the estate, pay debts and taxes owed by the estate, collect income and dividends from estate assets, hire professionals such as accountants or attorneys to assist with estate matters, etc.
A limited judgment appointing PR does not resolve any disputes or controversies that may arise during probate, such as challenges to the validity of a will, claims against the estate by creditors or beneficiaries, objections to accounting or distribution of assets by interested parties, etc. These issues must be addressed separately by filing motions or petitions with supporting evidence and arguments before they can be decided by another type of judgment.
A limited judgment appointing PR is effective until it is modified or revoked by another court order. The PR must comply with all terms and conditions imposed by the court in performing their duties. The PR must also file regular reports and accountings with the court showing how they have managed and distributed the estate assets.
A limited judgment appointing PR is an important document that gives legal authority to someone to act on behalf of an estate. If you are involved in a probate proceeding in Oregon, you should consult with an experienced attorney who can advise you on how to obtain or challenge such a judgment.
